Speaking the Unspeakable
Buggery, Law, and Community Surveillance in New South Wales, 1788–1838
Dados Bibliográficos
| ID | 12072575 |
|---|---|
| Autores | L Taylor (0000-0002-5706-2056, autor correspondente) |
| Ano | 2020 |
| Volume | 38 |
| Fascículo | 4 |
| Páginas | 737-775 |
| Data de publicação | 2020-02-14 |
| Peer Reviewed | Sim |
| Open Access | Sim |
| Tipo | ARTICLE |
| Periódico | Law and History Review (JOURNAL) |
| Identificadores do periódico | ISSN: 0738-2480 • E-ISSN: 1939-9022 |
| Editora | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0738248019000774 |
| OpenAlex | W3005733699 |
| Idioma | EN |
| Referências citadas | 31 |
This paper is an empirical and theoretical analysis of buggery charges brought against men in New South Wales in the period 1788—1838. Drawing on a previously unexamined archive, it shows that an irregular pattern of charges in the first forty years of colonization was displaced by a dramatic increase in buggery charges in the period 1828–1838, and a move towards charging accused persons capitally; that the genesis of most complaints was community, rather than official, surveillance; and that throughout the entire period witnesses were far from circumspect in their evidence of unspeakable acts. The paper then argues that the upswing in charges post-1828 was only partly related to the introduction of the Offences Against the Person Act 1828 and its lower evidentiary threshold for proof of buggery. More important, it suggests, was the acute moralism of NSW society in the 1820s and 1830s, generated in part by John Thomas Bigge's 1822 Report into the State of the Colony of New South Wales. The move towards capital charges, however, does appear to bear some relationship to the changes in the Offences Act. The final part of the paper connects social anxiety over buggery to the 1837–38 Molesworth Inquiry into Transportation and the eventual cessation of convict transportation to NSW in 1840
Archaeology · Art · Capital (architecture · Charge (physics · Convict · Criminology · Period (music · Political science · Sociology · State (computer science · Australian History and Society · Colonialism, slavery, and trade · Historical and Cultural Archaeology Studies · History · Law
Commentaries on The Laws Of England
Discipline and Punish
The Second Treatise of Government
The Cambridge History of Australia
Lgbtq…z
The idea of responsible government in New South Wales before 1856
Watching Them Hang
Damned Whores and God’s Police
Historical reconsiderations IX
Of convicts and capitalists
Mr Peel’s Amendments’ in New South Wales
The Origins of Adversary Criminal Trial
Legal Change, Convict Activism and the Reform of Penal Relocation in Colonial New South Wales
The ‘illegal sentences which magistrates were daily passing’
Things Fearful to Name
Between governance and discipline
Discourses of Scandal
Production or Reproduction
New South Wales Penal Settlements and the Transformation of Secondary Punishment in the Nineteenth-Century British Empire
Vice in a Vicious Society
Australia
Production or Reproduction? An Economic History of Women in Australia, 1788-1850
Damned Whores and God's Police
Convict Society and Its Enemies. A History of Early New South Wales
Criminal Law and Colonial Subject
Vice in a Vicious Society. Crime and Convicts in Mid-Nineteenth Century New South Wales
| Velocidade de citação | historical |
|---|---|
| Altamente citado | Não |